All workers, future workers and self-employed people should feel safe in their workplace. Employers have the obligation to protect workers from such situations, including sexual harassment, bullying or discrimination, as a person or company can be liable unless they can prove that they took all preventative steps to stop the harassment. As of 6 March 2023, workplace sexual harassment is prohibited under the Fair Work Act.
Sexual harassment is any unwelcome sexual advance/request to the person who is harassed. It can also be a person being exposed to or witnessing this offensive behaviour. This is considered serious misconduct and can lead to dismissal. Prevention is key to avoiding escalation to workers making psychological workers’ compensation claims.
Workplaces can prevent sexual harassment by:
- creating a safe physical/online environment
- providing information, training and support on prevention and how to address workplace sexual harassment
- addressing early behaviour deemed unwanted and offensive
- encouraging effective reporting/complaint procedures
New Fair Work Commission has greater powers to deal with workplace sexual harassment and disputes by conciliation, mediation or making recommendations. If there is no resolution, arbitration can allow the Commission to order compensation or lost wages.
For further information, please refer below or contact our team to discuss.
Source: Fair Work
Title: New workplace sexual harassment laws
Read time: 2 minutes